B-142975, JUN. 9, 1960

B-142975, JUN. 9, 1960

TO MISS TONICA TOMAIC:

ON MAY 13, 1960, OUR OFFICE RECEIVED YOUR UNDATED LETTER REQUESTING REVIEW OF OUR CLAIMS SETTLEMENT OF APRIL 4, 1960. IN THAT SETTLEMENT WE DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF CERTAIN SOCIAL SECURITY CHECKS WHICH WERE DRAWN TO THE ORDER OF YOUR UNCLE, ANTON MISKULIN, WHO APPARENTLY DIED INTESTATE. YOU WERE ADVISED THAT THE RECORD SHOWS THAT THE DECEASED IS SURVIVED BY A BROTHER AND SISTER WHO, UNDER YUGOSLAVIAN LAW, HAVE PREFERENCE OVER YOUR CLAIM AS NIECE OF THE DECEASED.

IN YOUR RECENT LETTER YOU STATE THAT THE DECEASED ADVISED YOU VERBALLY THAT ALL CHECKS THAT MIGHT BE DUE HIM WOULD BE YOURS AFTER HIS DEMISE AND THAT HE HAD MADE OTHER ARRANGEMENTS FOR THE BENEFIT OF HIS BROTHER AND SISTER.

WHAT ANTON MISKULIN MAY HAVE VERBALLY COMMUNICATED TO YOU HAS NO PROBATIVE VALUE IN THE CONSIDERATION OF THIS MATTER. THE ONLY RIGHT OF CLAIM THAT YOU MIGHT HAVE IN YOUR INDIVIDUAL CAPACITY WOULD BE AS THE CHILD OF A DECEASED BROTHER OR SISTER OF ANTON MISKULIN. IN THIS REGARD WE NOTE THAT IN THE CLAIM FORM SUBMITTED, PEPA TOMAIC IS LISTED AS A LIVING SISTER OF THE DECEASED. THIS COUPLED WITH THE FACT THAT YOUR LAST NAME IS ALSO TOMAIC INDICATES THAT PEPA TOMAIC IS PROBABLY YOUR MOTHER. IF THIS IS THE CASE, AND THE EVIDENCE OF RECORD SUPPORTS THIS ASSUMPTION, YOU HAVE NO RIGHT OF CLAIM TO ANY OF THE PROCEEDS OF THE SUBJECT CHECKS.

ACCORDINGLY, OUR SETTLEMENT OF APRIL 4, 1960, IS SUSTAINED AND YOUR CLAIM IS AGAIN DENIED.